Clarence Thomas Says Supreme Court on Path to ‘Unforeseeable Consequences’
Newsweek, Jenna Sundel, 3/26/25
Justice Clarence Thomas said the U.S. Supreme Court‘s decision on ghost gun regulations can lead to “unforeseeable consequences.”
Thomas dissented from a ruling upholding a regulation for weapon-parts kits on Wednesday. The kit is a collection of weapon parts “designed to or may readily be completed, assembled, restored, or otherwise converted to expel a projectile by the action of an explosive,” according to the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF).
Why It Matters
The ATF expanded the Gun Control Act of 1968 to cover weapon-parts kits in 2022. Gun manufacturers and other parties challenged the rule in court.
What To Know
The Court upheld the ATF’s regulation 7-2, with Thomas and Samuel Alito dissenting.
What Is A Ghost Gun?
Weapons-parts kits can be assembled into functional firearms that are untraceable, often referred to as “ghost guns.”
The court noted that law enforcement is reporting a rise in crimes involving ghost guns, from 1,600 in 2017 to more than 19,000 in 2021.
What Was Supreme Court’s Ruling on Ghost Guns?
The court ruled that the ATF is permitted to regulate some weapon-parts kits and unfinished frames or receivers under the Gun Control Act.
Justice Neil Gorsuch delivered the court’s majority opinion. He argued that the word weapon is an “artifact noun,” or a word describing something made by humans, even if the product is unfinished.
“Imagine a rifle disassembled for storage, transport, or cleaning. It may take time to render the rifle useful for combat, but its intended function is clear. And, as a matter of every day speech, that rifle is a weapon, whether disassembled or combat ready,” Gorsuch wrote.
Thomas challenged the court’s use of artifact nouns in its decision.
“Employing its novel ‘artifact noun’ methodology, the majority charts a different course that invites unforeseeable consequences and offers no limiting principle. I respectfully dissent,” Thomas said.
He also noted that Congress did not empower the ATF to expand its regulations.
“Congress could have authorized ATF to regulate any part of a firearm or any object readily convertible into one. But, it did not. I would adhere to the words Congress enacted,” Thomas said.
What Are The Regulations For Ghost Guns?
The Gun Control Act requires individuals who import, manufacture or deal in firearms to obtain federal licenses, keep sales records, conduct background checks and mark products with serial numbers. The ATF expanded the law to include weapons-parts kits and “partially complete, disassembled, or nonfunctional” frames or receivers.
What People Are Saying
Supreme Court Justice Neil Gorsuch, delivering the majority opinion: “Future cases may present other and more difficult questions about ATF’s regulations. But we take cases as they come and today resolve only the question posed to us.”
Supreme Court Justice Clarence Thomas, in his dissent: “The statutory terms ‘frame’ and ‘receiver’ do not cover the unfinished frames and receivers contained in weapon-parts kits, and weapon-parts kits themselves do not meet the statutory definition of ‘firearm.’ That should end the case. The majority instead blesses the Government’s overreach based on a series of errors regarding both the standard of review and the interpretation of the statute.”
What Happens Next
The Fifth Circuit Court of Appeals found that the law does not allow the regulation of weapon kits. The Supreme Court reversed the lower court’s decision and remanded the case for further proceedings consistent with the higher court’s ruling.